Will my moms AOS be denied?

[qkriel]

My mom entered the US on 7/22/2008 on a visitors visa, and i field the i-130, I-485 and I-765 at the beginning of October.

At the time i did not know about the apparent 90 day rule, in which you cannot file for AOS while on a visitors visa.

My Mom has already received her EAD and the case was transferred to CSC on November 7th for "faster processing"

What is the chance that the AOS is rejected due to the 90 day rule? Would it have been rejected by now or is it too early to say.

Thanks

[TheRealCanadian]

Originally Posted by qkriel

At the time i did not know about the apparent 90 day rule, in which you cannot file for AOS while on a visitors visa.

There is no "rule". Federal court precedents indicate that USCIS could legitimately question whether your mother misrepresented her intent at entry, although since she filed the AOS over 60 days after entry the burden of proof would be on USCIS.

The odds of denial are low, but the question may come up. How will she answer?

[Jackolantern]

She would fall into the 60-90 day portion of the 30-60-90 day rule (which is more of a guideline than a hard and fast rule) so things aren't all that bad. But she should still be prepared to convince USCIS that the original intention upon entering the US was not to stay, if she is grilled on that issue by an interviewer.

Originally Posted by qkriel

What is the chance that the AOS is rejected due to the 90 day rule? Would it have been rejected by now or is it too early to say.

Even if they suspect fraud, they will probably give her a chance to explain her situation in the interview, so at this point it is too early to tell.